Precautions to be taken by court at the time of framing of charge
...An onerous duty is therefore cast on the Designated Courts to take extra care to scrutinise the material on the record and apply their mind to the
evidence and documents available with the investigating agency before charge- sheeting an accused for an offence under TADA. The stringent provisions of the Act coupled with the enhanced punishment prescribed for the offences under the Act make the task of the Designated Court even more onerous, because the graver the offence, greater should be the care taken to see that the offence must strictly fall within the four corners of the Act before a charge is framed against an accused person. Where the Designated Court without as much as even finding a prima facie case on the basis of the material on the
https://www.lawweb.in/2012/09/precautions-to-be-taken-by-court-at.html
evidence and documents available with the investigating agency before charge- sheeting an accused for an offence under TADA. The stringent provisions of the Act coupled with the enhanced punishment prescribed for the offences under the Act make the task of the Designated Court even more onerous, because the graver the offence, greater should be the care taken to see that the offence must strictly fall within the four corners of the Act before a charge is framed against an accused person. Where the Designated Court without as much as even finding a prima facie case on the basis of the material on the
https://www.lawweb.in/2012/09/precautions-to-be-taken-by-court-at.html
